Karnataka High Court
M/S Gokul Lamp Works Private Limited vs Mysore Lamp Works Limited on 30 May, 2024
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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NC: 2024:KHC:18433-DB
RP No. 163 of 2023
IN MFA NO.2389/2018
C/W MFA NO.2390/2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MAY, 2024
PRESENT
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
AND
THE HON'BLE MR JUSTICE C M JOSHI
REVIEW PETITION NO. 163 OF 2023
IN
MFA NO.2389/2018 (AA)
C/W
MFA NO.2390/2018 (AA)
BETWEEN:
1. M/S GOKUL LAMP WORKS PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT
HAVING ITS REGISTERED
INDUSTRIAL ESTATE MYSORE LAMPS ANCILLARY
COMPLEX,
Digitally
signed by KOLAR-563 101,
VIDYA G R
Location: REPRESENTED BY ITS
HIGH COURT MANAGING DIRECTOR.
OF
KARNATAKA SRI.V.J. BALASUBRAMANYAM
2. M/S. THAMAKA LAMP COMPONENTS PVT. LTD.,
A COMPANY INCORPORATED
UNDER THE PROVISIONS OF THE COMPANIES ACT
HAVING ITS REGISTERED OFFICE AT
3937, 8TH CROSS, GAYATHRINAGAR,
BENGALURU - 560 010
AND ALSO AT PLOT NO.E3
THAMAKA INDUSTRIAL ESTATE,
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NC: 2024:KHC:18433-DB
RP No. 163 of 2023
IN MFA NO.2389/2018
C/W MFA NO.2390/2018
MYSORE LAMPS ANCILLARY COMPLEX,
KOLAR DISTRICT - 563 101
REP. BY ITS MANAGING DIRECTOR
SMT. Y.C. SHIVAMMA.
... PETITIONERS
(BY SRI. GANAPATHI SUBBARAYA BHAT., ADVOCATE)
AND:
1. MYSORE LAMP WORKS LIMITED
GOVERNMENT OF KARNATAKA
COMPANY HAVING ITS REGISTERED
OFFICE AT P.B.NO.5555, OLD TUMKUR ROAD,
MALLESHWARAM WEST, BENGALURU
REPRESENTED BY MANAGER DIRECTOR
MR. ANIL UPPIN.
2. HON'BLE MR JUSTICE K A SWAMY
FORMER CHIEF JUSTICE OF
HIGH COURT OF MADRAS
RESIDING AT SAI NIVAS,
NO.16, 8TH MAIN ROAD, 2ND CROSS,
R.M.V.EXTENSION, BENGALURU-560 080.
... RESPONDENTS
(BY SRI. ANUPARNA BORDOLOI., ADVOCATE FOR R1)
THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1B R/W SECTION 114 OF CPC, 1908, PRAYING TO PASS
ORDER A) BY REVIEWING THE JUDGMENT AND ORDER DATED
18/11/2022 IN MFA NO. 2389/2018(AA) C/W MFA NO.
2390/2018(AA) TO THE EXTENT OF PAYMENT OF INTEREST TO
BE PAID AT THE RATE 12.75% PER ANNUM FROM
COMMENCEMENT OF PROCEEDINGS TILL THE DATE OF AWARD
AND FROM THE DATE OF AWARD TILL THE DATE OF PAYMENT
AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
C.M. JOSHI J., MADE THE FOLLOWING:
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RP No. 163 of 2023
IN MFA NO.2389/2018
C/W MFA NO.2390/2018
ORDER
This Review Petition is filed by the respondent No.1
in MFA No.2389/2018 (AA) c/w MFA No.2390/2018 (AA)
seeking review of the judgment and order passed in the
said appeals dated 18.11.2022 on the ground that this
Court while disposing of the said appeals has not granted
post Award interest concerning the Award passed by the
learned Arbitrator.
2. We have heard the learned counsel appearing
for the review petitioners and the learned counsel for
respondent No.1, who are present before this Court.
3. Having noted the submissions by learned
counsel for the review petitioners, it is seen that in MFA
No.2389/2018 c/w MFA No.2390/2018 (AA), this Court
had considered the submissions of both parties in detail
and ultimately it had placed reliance on the judgment of
Coordinate Bench of this Court passed in MFA
No.2388/2018 and directed that the rate of simple interest
is to be reduced at 12.75% per annum from the date of
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commencement of proceedings till the date of Award.
Obviously, the rejection of interest post Award was based
on the finding given by this Court in MFA No.2388/2018,
which had attained finality by virtue of the order in Review
Petition No.346/2021, where also exactly similar prayer
was made by the review petitioner therein, i.e. Priyanka
Lamp Filaments Private Ltd.
4. Now learned counsel appearing for the review
petitioners submits that the petitioner in Review Petition
No.346/2021, i.e. Priyanka Lamp Filaments Private Ltd.,
had approached the Hon'ble Apex Court and by an order
dated 12.12.2023, Hon'ble Apex Court has awarded
interest at the rate of 14% per annum post Award till the
date of payment. On that ground, learned counsel for the
petitioners is seeking review of the order passed by this
Court in MFA No.2389/2018 c/w MFA No.2390/2018 (AA).
5. Per contra, learned counsel appearing for the
respondent No.1 submits that the order passed by this
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Court rejecting the post Award interest in MFA
No.2389/2018 c/w MFA No.2390/2018 (AA) was pursuant
to a covered judgment of Coordinate Bench of this Court in
MFA No.2388/2018 and Review Petition No.346/2021 and
therefore, the present Review Petition is not maintainable.
6. It is submitted that the subsequent events and
order passed by the higher Courts cannot be a ground for
review. It is submitted that only if there is any
perceivable prima facie error of law or facts by this Court,
as on the date of passing of the order, then alone the
review is maintainable. Therefore, learned counsel for the
respondent No.1 has sought for dismissal of the Review
Petition.
7. On a careful perusal of records made available,
it is seen that in MFA No.2388/2018, an order was passed
by the Coordinate Bench of this Court concerning
Priyanka Lamp Filaments Private Ltd. v. Mysore
Lamp Works Limited and Another on 07.07.2021. That
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was sought to be reviewed in Review Petition
No.346/2021, which came to be dismissed on 26.08.2022.
Against the said order, the review petitioner therein, i.e.
Priyanka Lamp Filaments Private Ltd., had approached the
Hon'ble Apex Court in SLP (C) Nos.2221-2222/2023, which
came to be disposed of on 12.12.2023 awarding the
simple interest at the rate of 14% per annum post Award
till payment.
8. In the case on hand, this Court had passed the
order in MFA No.2389/2018 c/w MFA No.2390/2018 (AA)
on 18.11.2022 and had considered all the relevant facts
and circumstances including the order passed by the
Coordinate Bench of this Court in the case of Priyanka
Lamp Filaments Private Ltd. v. Mysore Lamp Works
Limited and Another. Obviously, the grant of interest
post Award at 14% per annum is subsequent to the order
passed by this Court in MFA No.2389/2018 c/w MFA
No.2390/2018 (AA). So also, the order passed by the
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Hon'ble Apex Court was subsequent to the filing of present
Review Petition, which is filed on 28.03.2023.
9. When we examine the above facts and
circumstances, in the light of judgment of Hon'ble Apex
Court in Kamlesh Verma v. Mayawati and Others
reported in AIR 2013 SC 3301, wherein various grounds
of review were discussed and the circumstances when
review is maintainable was listed out by the Hon'ble Apex
Court, the present prayer does not fall within the scope of
Review Petition. Obviously, the change in law or
circumstances subsequent to the passing of order by this
Court cannot be a subject matter of review. Therefore,
the present Review Petition is devoid of any merit and as
such, the same is hereby dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
VGR
